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“Search teams from more than a dozen nations were bound for Japan, including a unit from New Zealand, … [and a] combined search squad from Los Angeles County and Fairfax County… Assistance teams also weredue from China and South Korea, two of Japan's traditional and most bitter rivals.” (Kyodo News via AP)

France called on the United Nations to intervene. Ban Ki Moon, UN Secretary General spoke of a “critical moment for the people” of Burma. The UN’s humanitarian chief, John Holmes, urged the junta to facilitate the arrival of disaster relief teams and the distribution of badly-needed emergency supplies.”

2008 Cyclone Nargis strikes Burma:

“There is some aid coming in, but it is barely enough for survival, and all of it supplied by the agencies of the military Government. Foreign aid workers have still not been allowed into Burma in large numbers, ... aid agencies accused Burma’s “closed and stubborn” regime of risking millions of lives by refusing to allow entry to foreign aid workers, most of whom are still waiting to obtain permits.

“In the Commission’s view, these conditions would typically include the following types of conscience-shocking situation:

Overwhelming natural or environmental catastrophes where the state concerned is either unwilling or unable to cope, or to call for assistance, and significant loss of life is occurring or threatened.” ([4.20])

“The international community, through the United Nations ... [is] prepared to take collective action ... should peaceful means be inadequate and national authorities are manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity.”UN GA Res 60/1 2005 World Summit Outcome [139] (emphasis added).

‘These guidelines are non-binding. … Their purpose is to contribute to national legal preparedness by providing guidance to States interested in improving their domestic legal, policy and institutional frameworks concerning international disaster relief and initial recovery assistance.’ ([1] and [3]).

Think about the current disasters, but will the situation change when we move from ‘search and rescue’ to longer term recovery?

Is international law the answer?(see Fidler, David P., "Disaster Relief and Governance after the Indian Ocean Tsunami: What Role for International Law?“ (2005) 6(2) Melbourne Journal of International Law 458).